Causation Flashcards
What’s factual causation
Defendants conduct must be a factual cause of the acts consequence.
It uses the ‘but for test’
Whats the ‘but for’ test
But for the defendants actions then the victim would’ve had the consequence it had - comes from R v White ( 1910 )
Whats legal causation
Could the defendant be fairly said to be at fault. The defendants act must be a ‘substantial’ cause of death.
Case : Dalloway ( 1847 )
Whats the acceleration principle
The defendants act will be considered a cause, if it has accelerated the victims death.
Case : Adams ( 1957 )
What are the contributory causes
Means that the defendant neither b the sole or main cause of death. It can be :
+ actions of third parties
+ actions of victim itself
Actions of third party
It must be unforeseeable and random - breaks the chain of causation.
Case : R v Smith
Medical treatment
The medical treatment administered must be negligent or lead to the victims death.
Guilty of manslaughter?
- His acts are more than minimal cause of death
- Either the juries he inflicted were still ‘operatung’ cause at the time of death
- The injuries inflicted were a ‘significant’ cause of death
R v Jordan ( 1956 )
Where medical negligence is so extreme - ‘palpably wrong’
Life support machines
Can switch off life support machines if there is no sign of life or recovery.
Case : Malcharek ( 1981 ) + Steele ( 1981 )
Actions of the victim
If the victim makes the situation worse and ends up causing his own death.
Case : R v Roberts ( 1972 )
Self - neglect
We’re the victim mistress or neglects his own injuries - will not break the chain of causation.
Case : Holland ( 1841 )
The “egg shell skull” rule
‘Take victim as you found them’ - if the victim dies from some unusual physical or other condition, the defendant is still responsible for the death.
Case : Hayward
